Check It Out: The value of one expert testimony

By Joan Janzen

An old man walked up to the counter of a pawn shop holding an old, weathered guitar. “I’d like your expert opinion on how much this guitar is worth,” he said.

After carefully examining the guitar, the pawn broker estimated the worth of the guitar was $20. “Great, I’ll buy it,” responded the old man.

The pawn broker asked in confusion, “Buy it?”

“Yes,” he replied as he flipped the guitar over. “You had it priced at $150, but after your expert opinion I think $20 is a good deal!”

Expert opinions were recently requested at a parliamentary committee of the House of Commons in Ottawa, regarding Bill C-11. This is an online streaming act, that would put digital media platforms under the authority of the Canadian Radio-Television and Telecommunications Commission (CRTC).

Bill C-11 was sent to the Canadian Heritage Committee which summoned expert witnesses with unique insights. There are 12 members on the committee: 6 Liberals, 4 Conservatives, and 2 from the other parties. Consequently, the Liberals got to call the most witnesses, and the Conservatives got to call one, J.J. McCullough.

In this case, the choice of the nine witnesses was revealing. There were two executives from Bell Canada, two from the Canadian Media Producers Association, one each from the Quebec Media Association, Friends of Canadian Broadcasting, the Public Interest Advocacy Centre, the Black Screen Office, all of which approved of the Bill. The only witness who opposed the bill was J.J. McCullough, a Canadian You Tuber from Westminster, B.C., who was the first to testify.

The intent of the committee is to solicit insight that would make the bill better. However, McCullough’s observation was that the politicians had invited witnesses who would reinforce conclusions they had already drawn in advance.

Nevertheless, McCullough delivered his opinion, noting that even though he has 750,000 subscribers, he’s considered a mid-level You Tuber. “According to socialblade.com, there are over 100 Canadian You Tubers with over 3.5 million subscribers,” he stated. “The success and world wide fame of Canadian You Tubers with the absence of government intervention should invite questions of the necessity of Canadian government intervention.”

He noted that CRTC has countless forms to fill out in order for TV producers to get their work certified. “Most Canadian You Tubers shudder at the thought that this could be their fate as well,” he explained, adding that it would damage future generations of You Tubers.

McCullough testified that You Tubers are creating the kind of content for which a market exists. Canadian independent You Tubers are a case study that have proved that they can achieve success and wealth without government intervention, recognition, subsidies or mandates. He observed they don’t want to be told what kind of content they can create, and if CRTC were to get involved, independent You Tubers would inevitably be suppressed.

Witnesses that followed all supported the bill, representing special interests. All applauded the bill for doing the things they wanted the it to do.

In response to a question, McCullough stressed the importance of a consumer driven demand. “I believe in a free market approach to culture. I don’t believe in a government knows best approach, in which politicians decide what Canadians need more of. I believe content should sink or swim based on its popularity,” he said.

Although McCullough was excited upon receiving an invitation to testify regarding Bill C-11, his excitement waned after the event had concluded. “I’m fairly confident that my testimony won’t make much of a difference,” he said. “Those of us who have the most to lose (small independent online media creators) in this situation, can’t compete with the people who approve of the bill, who the government is most prone to listen to, and have the most to gain from it.”

The value of the committee hearing could be compared to the old weathered guitar I mentioned earlier. After carefully examining all aspects of his appearance at the parliamentary committee hearing, McCullough’s estimation of its value had diminished.